Search results
Results from the WOW.Com Content Network
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary.This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.
Statutory interpretation is the process of resolving those ambiguities and deciding how a particular bill or law will apply in a particular case. Assume, for example, that a statute mandates that all motor vehicles travelling on a public roadway must be registered with the Department of Motor Vehicles (DMV).
Thus the four types of interpretation (or meaning) deal with past events (literal), the connection of past events with the present (typology), present events (moral), and the future (anagogical). [6] For example, with the Sermon on the Mount [10] [11] the literal interpretation is the narrative that Jesus went to a hill and preached;
This, surely, cannot have been the intention of Parliament. However, the literal rule does not take into account the consequences of a literal interpretation, only whether words have a clear meaning that makes sense within that context. If Parliament does not like the literal interpretation, then it must amend the legislation.
The golden rule in English law is one of the rules of statutory construction traditionally applied by the English courts. The rule can be used to avoid the consequences of a literal interpretation of the wording of a statute when such an interpretation would lead to a manifest absurdity or to a result that is contrary to principles of public policy.
Each type of Pardes interpretation examines the extended meaning of a text. As a general rule, the extended meaning never contradicts the base meaning. [8] The Peshat means the plain or contextual meaning of the text. Remez is the allegorical meaning. Derash includes the metaphorical meaning, and Sod represents the hidden meaning. There is ...
Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework.
The purposive approach (sometimes referred to as purposivism, [1] purposive construction, [2] purposive interpretation, [3] or the modern principle in construction) [4] is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose.